In a major decision, the Madhya Pradesh High Court's Jabalpur Bench has ordered police officials, the Narcotics Bureau (NCB), and the Drug Controller to take prompt action against those firms engaged in the wholesale online marketing of prohibited contraband drugs.

Key Highlights:
Interim Order of Court:

• The court directed that there should be rigorous compliance with the prohibition on the production and sale of prohibited drugs, which includes Chlopheniramine Maleate + Codeine + Menthol Syrup.

• Respondents were advised to take action against stakeholders or businesses dealing in such drugs through online platforms such as IndiaMART.

Grounds of Action:

• The case arises out of a Public Interest Litigation (PIL) based on non-compliance with the Central Government's prohibition of certain fixed-dose combinations under Section 26A of the Drugs and Cosmetics Act.

• The PIL highlighted that despite the statutory prohibition, these drugs are being openly sold in the wholesale market, especially online.

Petitioner's Claims:

• The petitioner claimed that internet sales of prohibited drugs promote illicit production and entice unemployed youths to engage in drug peddling.

• It was underscored that although the police regularly arrest small-time drug peddlers, manufacturers and wholesalers go unpunished in spite of identifiable details.

Court’s Directive:

• The bench, which was headed by Chief Justice Suresh Kumar Kait and Justice Vivek Jain, ordered authorities to move against companies that produced and sold banned drugs.

• The authorities were ordered to submit an action-taken report prior to the next hearing on February 13, 2025.

Quotes of Leaders or Authorities:
High Court Observation:
“Immediate action must be taken against companies wholesaling banned drugs online to curb this practice at its roots,” stated the court.The intervention of the court seeks to promote more effective enforcement of drug laws, safeguard public health, and eliminate the abuse of prohibited substances. With the authorities drafting their compliance reports, the case serves to emphasize the imperative to implement stringent surveillance on online forums to eradicate illicit drug sales.